DEBTOR EDUCATION FAQ

Q: How does an individual locate an approved debtor education provider that offers services in languages other than English?

A: If an approved provider offers services in languages other than English, those languages are noted on the provider profile under the judicial district where approved to offer services. The majority of services for individuals with limited English proficiency are offered via the telephone, although there are a number of agencies offering in person education in languages other than English.

Q: Is there a standard curriculum for debtor education courses?

A: The Debtor Education Application Instructions (at Section 4.2) set forth the minimum topics on which written information and instruction must be provided. Course materials submitted with the Application will be evaluated to ensure the minimum topics are addressed.

Q: Is a self-study personal financial management course acceptable?

A: A self-study personal financial management course may be approved; however, there must be a mechanism for the provider to verify a debtor’s completion of the course before issuing a certificate. Additionally, the provider must be able to collect sufficient information upon completion of the course by the debtor to permit the U.S. Trustee Program to evaluate course effectiveness.

Q: Is there a deadline for submitting an application?

A: There is no application deadline. Generally, applications will be reviewed as they are received.

Q: Can payment for a debtor education course be made by a person other than the debtor (e.g., payment by the debtor’s attorney)?

A: The United States Trustee Program does not object to payments for a debtor education course being made by a person(s) other than the debtor, so long as such payments are reasonable and comply with applicable laws, regulations, and ethical requirements. This position assumes that payments are fully disclosed and do not adversely affect the quality of the services rendered.

Q: May an approved credit counseling agency that is also an approved provider of personal financial management instructional courses offer both services before a bankruptcy case is filed?

A: No. The Bankruptcy Code requires (with few exceptions) that credit counseling must be completed BEFORE an individual files for bankruptcy, and that debtor education must take place AFTER the bankruptcy case is filed. Accordingly, it is not appropriate for an approved agency to offer both services to clients in one pre-bankruptcy session.

Contact a Chapter 7 Bankruptcy Attorney at Dominguez & Associates, P.A.